The Hawaiian gazette., 1887-10-25

no man the counsel ever knew was
so generally and heartily disliked by com
munity. Defendant was tOtiering to his fal /,
so that she only thing about him that would
make him desirable as match Tor such a
spriphtly woman was on the point OF dis
appearing. Mrs. Hoyt in her deposit
sitOn, referring TO this condition of affairs,
told of her consolation to the expecting
bride, A." that she could go to Lanai and live
on mutton" He could not imagine n woman
of the mettle of plaintiff, on having
the alternative of going to live on
Lanai with Gibson or diving, but would un
hesitatingly state her preference for becom-
ing a corpse. The relations between the
parties had been simply those of exchanging
books and coin, and if plaintiff WAS an
aifianced wife to defendant, when he gave
her cheques in excess of the prices of the
books she sold him, a woman of her spirit
would have torn them in shreds before his
eyes. Such were not the class of gifts
that passed from men to the objects of
their pllghted love, and there was no evil
dence IF any present not even bouquet of
flowers. having been given by defendant to
plaintiff. She said an engagement ring
had been rendered but she had refused
it. This counsel could not believe of
any woman in the world. The evidence
from the Government building showed thu,
instead of Gibson being an ardent lover pur-
suing the light of his eyes, Mrs. st.
Clair was continually lying in wait
for him and following him until he
had to hide. Stress was laid on the fact that
not a line of writing from Mr. Gibson
in either assertion or admission of the en-
gagement was produced. II the jury found
that there had been an actual promise
of marriage they would have to find for the
defendant, but in that case they were with
out evidence of any injury done to the plain
tiff, beyond, perhaps. slight loss on the sale
of books Therefore, counsel contended that
damages, if any, should be only nominal
Mr.. Kinney followed. addressing the jury
on behalf OF the plaintiff. He closed at 10
o'clock, having spoken for about an hour and
three quarters. The difference between
the circumstances of nun aud woman
were elucidated and applied to the
case on trial. The man had tae privilege of
speaking the word, while the lips OF the
woman were sealed. 1t was for her to make
such advanc S as she thought proper. and if
her qualities failed to attract the object
of her heart she could only retire in ST.
lence. On the other hand, the man
whose attic tons were unavailing could turn
away in quest of another. as for him perhaTs
there was as good fish in the sea rs ever was
caught. He might 90 out in the world to
SOW wild oats, bur on settling down to a staid
life his youthful foibles were soon forgotten.
But the woman had to observe the strictest
propriety of conduct, for if she made one
slip 1t WAS liable to confront her ever after. No
matter how we'll she may have redeemed
errors of the past, if she ever stood IN the
house of one of her sex who was established
in IA home for life, she was liable TO be asked,
" Who are your" and she could MT say
viuity of the home and the home
was the rock on which the state
was founded. Every woman who failed to
secure position in a home was a loss to the
state, while men might wander aimlesSly
through life and not be missed. In a clse such
us the one on trial the woman staked all
while nothing but pecuulary rIskswere in
yolved to the man. The plaintiff had been
paraded before the community by the de-
PENDANT as one whose word was not to be
believed. She asserted that defendant
promised to marry her, to which he
that he was under no
obligation of the sort, then the plaintiff
cast everything she holds precious
into the balances and appealed to
a jury of men to try the issues
Counsel scorned the inslnuatlon that
such man as the defendant had been
the victim of a conspiracy by these two
women (plaintiff and sister, to ex-
tort damages by blackmail- If the plain
tiff was capable of concocting such a gigan-
tic scheme and working out all its details to
perfection III advance, nobody was fool
enough to believe that she would seek
this small town as the base of her operations. /
The largest cities in the world would alone |
afford scope for such gigantic intel
lect as was required to conceive |
and carry out such a huge scheme |
Picturing some notable incidents in the |
career, his gorgeous dreams of
expire in the South, his raising the |
flag of Hawaii on Ocean Island, coun
sci would believe that instead of two |
beguIling one man |
into tneir tolls it was a case of one adven- 1
turer stealing the good graces of two women. |
And II 1t was one adventures capturing /
one adventurer, they were asked as men 1
if he did not deserve to suffer. As to
the fact that the defendant had never com |
United himself Ill writing, ii wSs commented |
ON as a prominent feature of GibsOn's whole |
career that in all the shady affairs, political |
or otherwise, in which he had figured /
he had never been caught in black and /
white. The case for the defense, so far as
counsel were concerned, had been hon /
orably conducted, but the cloven foot |
had been shown clearly in the /
Why that attemp. to show /
that, when defendant went to see |
plaintiff, after receiving her written demand |
for an acknowledgment of the engagement, +
he carried a book III mis- hand for re-
turn 10 Alice? Witnesses we're examined |
and cross examined to bring out that book, /
but all to no purpose aud there never was /
such ii book. Its existence originated III the |
fertile brain of defendant. He knew that un- !
less he could show some extraneOus mOtiYe !
for paying tina: visit, after receiving that |
demand for an acknowledgment, the fact of [
his going to see the plaintiff on that occasion !
would be the most conclusive proof that the i
demand in the letter was we'll founded. |
1t seemed that kind providence for that /
woman's rights had guided his steps to her 4
lodgings that time The last desperate effort /
Of defendant was utterly nauseating As being [
made by any man, when he sent those nati-e /
witnesses to prove that this woman was
the steps of that guileless old man.
Counsel concluded by asking that the jury |
should, if they found that promise was /
made, find substantial damages.
CHARGE By JUDGE BICKERToN,
Judge Bickerton requested the jury to re-
main seated. He said they had listened to
great deal of testimony for the past two days |
and half, and tonight they had listened to
arguments as to what they should believe.
The evidence was entirely for them to con-
slider and the Court would not criticise it at
all. They were the sole judges of the evil
dence after applying the law to it as given /